KEARNEY CITY COUNCIL
AGENDA
City Council Chambers,
18 East 22nd Street
February 27, 2007
7:00 p.m.
I ROUTINE BUSINESS
1. Invocation
(President or Designee of KMA).
2. Pledge
of Allegiance.
3. Announcement
on Open Meetings Act.
4. Roll
call.
5. Oral
Communication - Recognition of visitors.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1. Conduct
a pubic hearing on the proposed acquisition for right-of-way purposes in
connection with 2007 Part II Improvements consisting of Paving Improvement District
No. 2006-908 for 39th Street from 2nd Avenue east to Pony Express Road of the
following tracts of land and to approve Resolution No. 2007-24:
TRACT
1 – NEW RIGHT-OF-WAY (BRIAN AND MARY RODINE) A tract of land being the
South 2.0 feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision
to the City of Kearney, Buffalo County, Nebraska and more particularly
described as follows: Beginning at the southeast corner of Lot 14, said point
being on the north line of 39th Street, a street in the City of Kearney, thence
northerly on the east line of said Lot 14 a distance of 2.0 feet; thence
westerly parallel with the north line of said 39th Street a distance of 130.0
feet to a point on the east line of Pony Express Road, a street in the City of Kearney;
thence southerly on the east line of said Pony Express Road a distance of 2.0
feet to the southwest corner of Lot 14, said point being on the north line of
39th Street; thence easterly on the north line of said 39th Street a distance
of 130.0 feet to the point of beginning, containing 260 Sq. Ft (0.01 Acres)
more or less.
TRACT
2 – NEW RIGHTS-OF-WAY (ARROWHEAD VILLAGE CONDOMINIUM) A tract of land
being part of Lot 3, St. James Subdivision”, a subdivision to the City of
Kearney, Buffalo County, Nebraska and more particularly described as follows:
Beginning at the southeast corner of Lot 3, said point being on the north line
of 39th Street, a street in the City of Kearney; thence northerly on the east
line of said Lot 3 a distance of 17.0 feet; thence westerly and parallel with
the north line of said 39th Street a distance of 36.6 feet; thence deflecting
left 90°00’ a distance of 5.0 feet; thence deflecting right 90°00’ a distance
of 121.4 feet to a point on the west line of Lot 3; thence southerly on the
west line of said Lot 3 a distance of 12.0 feet to the southwest corner of Lot
3, said point being on the north line of 39th Street; thence easterly on the
north line of said 39th Street a distance of 158.0 feet to the point of
beginning, containing 2,071 Sq. Ft. (0.05 Acres) more or less; AND a tract of
land being part of Lot 2, St. James Subdivision, a subdivision to the City of
Kearney, Buffalo County, Nebraska and more particularly described as follows:
Beginning at the southeast corner of Lot 2, said point being on the north line
of 39th Street, a street in the City of Kearney; thence northerly on the east
line of said Lot 2 a distance of 12.0 feet; thence westerly and parallel with
the north line of said 39th Street a distance of 105.1 feet; thence deflecting
right 90°00’ a distance of 5.0 feet; thence deflecting left 90°00’ a distance
of 53.4 feet to a point on the west line of Lot 2, thence southerly on the west
line of said Lot 2 a distance of 17.0 feet to the southwest corner of Lot 2,
said point being on the north line of 39th Street; thence easterly on the north
line of said 39th Street a distance of 158.5 feet to the point of beginning,
containing 2,183 Sq. Ft (0.05 Acres) more or less; AND a tract of land being
part of Lot 1, St. James Subdivision, a subdivision to the City of Kearney,
Buffalo County, Nebraska and more particularly described as follows: Beginning
at the southeast corner of Lot 1, said point being on the north line of 39th
Street, a street in the City of Kearney; thence northerly on the east line of
said Lot 1 a distance of 10.0 feet; thence deflecting left 88°00’ a distance of
61.2 feet to a point 12.0 feet north of the north line of said 39th Street;
thence deflecting left 01°57; and parallel with north line of said 39th Street
a distance of 113.9 feet to a point on the west line of Lot 1; thence southerly
on the west line of said Lot 1 a distance of 12.0 feet to the southwest corner
of Lot 1, said point being on the north line of 39th Street; thence easterly on
the north line of said 39th Street a distance of 175.0 feet to the point of
beginning, containing 2,076 Sq. Ft. (0.05 Acres) more or less.
TRACT
3 – NEW RIGHT-OF-WAY (N & K INVESTMENT CO.) A tract of land being part
of Lot 12, Block 3, Crest View Place, a subdivision to the City of Kearney,
Buffalo County, Nebraska and more particularly described as follows: Beginning
at the southeast corner of Lot 12, Block 3, said point being on the north line
of 39th Street, a street in the City of Kearney; thence northerly on the east
line of said Lot 12, Block 3 a distance of 41.2 feet; thence deflecting left
133°52’ a distance of 37.8 feet to a point 15.0 feet north of the north line of
39th Street; thence deflecting right 43°49’ and parallel with the north line of
said 39th Street a distance of 9.1 feet; thence deflecting right 01°45’ a
distance of 65.53 feet to point 17.0 feet north of the north line of said 39th
Street; thence deflecting Left 01°45’ and parallel with the north line of said
39th Street a distance of 50.0 feet; thence deflecting right 90°00’ a distance
of 7.0 feet; thence deflecting left 90°00’ and parallel with the north line of
said 39th Street a distance of 150.0 feet; thence deflecting right 01°85’45” a
distance of 50.0 feet to a point 25.0 feet north of the north line of said 39th
Street; thence deflecting left 01°08’45” and parallel with the north line of
said 39th Street a distance of 25.0 feet; thence deflecting 05°45’ a distance
of 35.49 feet to a point on the west line of Lot 12, Block 3, thence southerly
on said west line a distance of 28.52 feet to the southwest corner of Lot 12,
Block 3 said point being on the north line of 39th Street; thence easterly on
the north line of said 39th Street a distance of 412.25 feet to the point of
beginning, containing 9,197 Sq. Ft. (0.21 Acres) more or less.
TRACT
4 – NEW RIGHT-OF-WAY (SHAWN AND AMANDA KING) A tract of land being part of
Lot 2, Sunrise Heights Addition, an addition to the City of Kearney, Buffalo
County, Nebraska and more particularly described as follows: Beginning at the
southeast corner of Lot 2, said point being on the north line of 39th Street, a
street in the City of Kearney and the west line of Pony Express Road, a street
in the City of Kearney; thence northerly on the west line of said Pony Express
Road a distance of 4.05 feet; thence deflecting left 88°00’ a distance of 172.2
feet to a point on the west line of Lot 2; thence southerly on the west line of
said Lot 2 a distance of 10.0 feet to the southwest corner of Lot 2, said point
being on the north line of 39th Street; thence easterly on the north line of
said 39th Street a distance of 172.1 feet to the point of beginning, containing
1,262 Sq. Ft. (0.03 Acres) more or less.
TRACT
5 – NEW RIGHT-OF-WAY (HOLIDAY OIL COMPANY, INC.) A tract of land being
part of Lot 1, Block 1, Crest View Place, a subdivision to the City of Kearney,
Buffalo County, Nebraska, and more particularly described as follows: Beginning
at the southeast corner of Lot 1, Block 1, said point being on the north line
of 39th Street, a street in the City of Kearney; thence northerly on the east
line of said Lot 1, Block 1 a distance of 12.0 feet; thence westerly and
parallel with the north line of said 39th Street a distance of 107.7 feet;
thence deflecting right 33°43’38” a distance of 10.8 feet to a point on the
west line of Lot 1, Block 1, said point being on the east line of Central
Avenue, a street in the City of Kearney; thence southerly on the east line of
said Central Avenue a distance of 18.0 feet to the southwest corner of Lot 1,
Block 1 said point being on the north line of 39th Street; thence easterly on
the north line of said 39th Street a distance of 116.75 feet to the point of
beginning, containing 1,420 Sq. Ft. (0.03 Acres) more or less.
TRACT
6 – NEW RIGHT-OF-WAY (HMC INVESTMENTS) A tract of land being part of Lot 1
and part of Lot 2, Northridge Addition, an addition to the City of Kearney,
Buffalo County Nebraska and more particularly described as follows: Beginning
at the northeast corner of Lot 2, said point being on the south line of 39th
Street, a street in the City of Kearney; thence westerly on the south line of
said 39th Street a distance of 139.1 feet; thence deflecting left 00°01’08” and
continuing westerly on the south line of 39th Street a distance of 79.1 feet to
a point 12.2 feet west of the northeast corner of said Lot 1; thence deflecting
left 173°08’15” and in a southeasterly direction a distance of 100.5 feet to a
point 12.0 feet south of the south line of said 39th Street; thence easterly and
parallel with the south line of said 39th Street a distance of 113.5 feet,
thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west
line of “A” Avenue, and Avenue in the City of Kearney; thence northerly on said
west line of “A” Avenue a distance of 13.62 feet to the point of beginning,
containing 2,025 Sq. Ft. (0.05 Acres) more or less.
TRACT
7 – NEW RIGHT-OF-WAY (MICHAEL AND JODY HEENEY) A tract of land being part
of Lot 1 and part of Lot 2, Northridge Addition, an addition to the City of
Kearney, Buffalo County Nebraska and more particularly described as follows:
Beginning at the northeast corner of Lot 2, said point being on the South line
of 39th Street, a street in the City of Kearney; thence westerly on the south
line of said 39th Street a distance of 139.1 feet; thence deflecting left
00°01’08” and continuing westerly on the south line of 39th Street a distance
of 79.1 feet to a point 12.2 feet west of the northeast corner of said Lot 1;
thence deflecting left 173°08’15” and in a southeasterly direction a distance
of 100.5 feet to a point 12.0 feet south of the south line of said 39th Street;
thence easterly and parallel with the south line of said 39th Street a distance
of 113.5 feet, thence deflecting right 06°51’ a distance of 5.3 feet to a point
on the west line of Avenue A, and Avenue in the City of Kearney; thence
northerly on said west line of Avenue A a distance of 13.62 feet to the point
of beginning, containing 2,025 Sq. Ft. (0.05 Acres) more or less.
TRACT
8 – NEW RIGHT-OF-WAY (D-R-G-T LIMITED PARTNERSHIP) A tract of land being
the North 7.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of
Kearney, Buffalo County, Nebraska and more particularly described as follows:
Beginning at the northeast corner of Lot 1, said point being on the south line
of 39th Street, a street in the City of Kearney; thence westerly on the south
line of said 39th Street a distance of 124.0 feet; thence southerly on the west
line of said Lot 1 a distance of 7.0 feet; thence easterly and parallel with
the south line of said 39th Street a distance of 124.0 feet to a point on the
west line of Central Avenue, an Avenue in the City of Kearney; thence northerly
on the west line of said Central Avenue a distance of 7.0 feet to the point of
beginning, containing 868 Sq. Ft. (0.02 Acres) more or less AND a tract of land
being the south 30.0 feet of the north 37.0 feet of Lot 1, Baker’s Subdivision,
a subdivision to the City of Kearney, Buffalo County, Nebraska and more
particularly described as follows: Beginning at the northwest corner of Lot 1,
said point being on the south line of 39th Street, a street in the City of
Kearney; thence southerly on the west line of said Lot 1 a distance of 7.0 feet
to the point of beginning; thence continuing southerly on the west line of
said Lot 1 a distance of 30.0 feet; thence easterly and parallel with the south
line of said 39th Street a distance of 124.0 feet to a point on the west line
of Central Avenue an Avenue in the City of Kearney; thence northerly on the
west line of said Central Avenue a distance of 30.0 feet; thence westerly
parallel with and 7.0 feet southerly of the south line of said 39th Street a
distance of 124.0 feet to the point of beginning, containing 3,720 Sq. Ft.
(0.09 Acres) more or less.
TRACT
9 – NEW RIGHT-OF-WAY (CONSUMERS PUBLIC POWER DISTRICT) A tract of land
being the north 7.0 feet of Lot 21 and Lot 22, Baker’s Subdivision, a
subdivision to the City of Kearney, Buffalo County, Nebraska and more
particularly described as follows: Beginning at the northeast corner of Lot 22,
said point being on the south Line of 39th Street, a Street in the City of
Kearney; thence westerly on the south line of said 39th Street a distance of
87.0 feet to the northwest corner of Lot 21; thence southerly on the west line
of said Lot 21 a distance of 7.0 feet; thence easterly and parallel with the
south line of said 39th Street a distance of 87.0 feet to a point on the east
line of Lot 22; thence northerly on the east line of said Lot 22; thence northerly
on the east line of said Lot 22 a distance of 7.0 feet to the point of
beginning, containing 609 Sq. Ft. (0.01 Acres) more or less.
TRACT
10 – NEW RIGHT-OF-WAY (ST. JAMES CHURCH OF KEARNEY) A tract of land being
part of Lot 58, Northwest Quarter School Section Addition, an addition to the
City of Kearney, Buffalo County, Nebraska and more particularly described as
follows: Beginning at a point 33.0 feet south of the northwest corner of Lot
58, said point being on the south line of 39th Street, a street in the City of
Kearney; thence southerly on the west line of said Lot 58 a distance of 10.9
feet; thence deflecting left 125°53’ a distance of 18.5 feet to a point on the
south line of 39th Street; thence westerly on the south line of said 39th Street
a distance of 15.0 feet to the point of beginning, containing 82 Sq. Ft. (0.002
Acres) more or less.
TRACT
11 – NEW RIGHT-OF-WAY (TIM LOWE) A tract of land being part of Lot 14 and part
of Lot 15 of Baker’s Subdivision of Lot 60, Northwest Quarter School Section
Addition to the City of Kearney, Buffalo County, Nebraska, more particularly
described as follows: Referring to the northwest corner of said Lot 15; thence southerly
on the west line of said Lot 14 and Lot 15 a distance of 110.0 feet to the point
of beginning; thence continuing southerly on said west line a distance of 23.8
feet to the northwest corner of said Lot 14; thence continuing on the afore
described course a distance of 121.2 feet; thence deflecting left 171°49’ and
in a northeasterly direction a distance of 85.93 feet to a point 12.22 feet easterly
on the west line of said Lot 14; thence deflecting left 08°11’ and in a northerly
direction and parallel with the afore said west line a distance of 36.14 feet
to a point on the north line of said Lot 14; thence continuing on the afore
described course a distance of 23.8 feet to a point on the south line of the north
110 feet of said Lot 15; thence westerly on the south line of the north 110
feet of said Lot 15 a distance of 12.22 feet to the point of beginning, containing
1,253 Sq. Ft. (0.03 Acres) more or less.
IV CONSENT AGENDA *
1. Approve
Minutes of Regular Meeting held February 13, 2007.
2. Approve
the Claims.
3. Receive
recommendations of Planning Commission and set March 13, 2007 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Approve
T-Hangar A-7 Lease Agreement between the City of Kearney and Jacob Barth for
storage at the Kearney Regional Airport and approve Resolution No. 2007-25.
5. Approve
the Agreement between the City of Kearney and Wilkins Hinrichs Stober
Architects for design services for the expansion of the Kearney Public Library
and approve Resolution No. 2007-26.
6. Approve
the Agreement between the City of Kearney and Wilkins Hinrichs Stober
Architects for design services for the Kearney Volunteer Fire Department
Station 1 improvements and approve Resolution No. 2007-27.
7. Approve
the Agreement between the City of Kearney and the Kearney Area Humane Society
for the custody and care of impounded animals and approve Resolution No.
2007-28.
8. Approve
Application and Certificate for Payment No. 5 in the amount of $67,218.30
submitted by Sargent Irrigation, Inc. and approved by Miller & Associates
for the Northwest Well Field Development – Phase I (Municipal Water Wells) and
approve Resolution No. 2007-29.
9. Approve
the request submitted by Franci Kinkade to transfer Conditional Use Permit No.
1998-05 granted to Cheryl Schroeder to locate a Bed and Breakfast at 2915 5th
Avenue.
10. Approve
the Agreement between the City of Kearney and the Nebraska Department of Roads
for traffic signal modification at 39th Street and 2nd Avenue and approve Resolution
No. 2007-30.
11. Approve
the request submitted by the Downtown Improvement Board to close the parking
lot located north of the Museum of Nebraska Art from 6:00 a.m. on Friday, May 4
until 12:00 p.m. Sunday, May 6 for the first annual Wine and Jazz Festival
subject to the submission and approval of a Special Designated License.
* Any
item listed on the Consent Agenda may, by the request of any single Council
member, be considered as a separate item under the Regular Agenda Section of
the Agenda.
V CONSENT AGENDA ORDINANCES
*
None.
VI REGULAR AGENDA
1. TABLED
FEBRUARY 13, 2007. ORDINANCE NO. 7325 – Amend the Code of the City of
Kearney by deleting in its entirety Section 3-1829 “Schedule; Telephone
Companies” of Article 18 “Occupation, Business and Other Taxes” of Chapter 3
“Business Regulations”; to amend Section 3-2001 “Telephone Companies; Levied;
Amount” of Article 20 “Telephone Companies” of Chapter 3 “Business Regulations”
to delete the reference of telephone companies and replace it with
telecommunication services companies; to levy an occupation tax resulting from
any toll services and charges on basic local exchange services and wireless
services and to provide provisions that gross receipts shall not include any
toll services and charges for interstate telecommunications for local carrier
access charges, transmission facility and switching services provided to
telecommunications companies, and from certain governmental entities; to delete
in its entirety Section 3-2002 “Exceptions” of Article 20 “Telephone Companies”
of Chapter 3 “Business Regulations”; to amend Section 3-2006 “Quarterly Report
of Gross Receipts” of Article 20 “Telephone Companies” of Chapter 3 “Business
Regulations” to delete the reference of telephone companies and replace it with
telecommunication services companies; to amend Section 3-2008 “Inspection of
Records” of Article 20 “Telephone Companies” of Chapter 3 “Business
Regulations” to delete the reference of telephone companies and replace it with
telecommunication services companies; to amend Section 3-2009 “Presumption of
Amount Due” of Article 20 “Telephone Companies” of Chapter 3 “Business
Regulations” to delete the reference of telephone companies and replace it with
telecommunication services companies; to amend Section 3-2010 “Right of City to
Sue, Etc., When Payment in Default” of Article 20 “Telephone Companies” of
Chapter 3 “Business Regulations” to delete the reference of telephone companies
and replace it with telecommunication services companies.
2. REMAIN
ON TABLE UNTIL MARCH 13, 2007. ORDINANCE NO. 7324 – Grant a non-exclusive
franchise to Cable Nebraska, LLC to install, operate, maintain or otherwise
locate telecommunication facilities in the public way within the City on
certain poles that are maintained as part of Kearney’s electrical system with
Nebraska Public Power District.
3. Consider
the bids received for the 2007 Part II Improvements – 39th Street from 2nd
Avenue to Pony Express Road consisting of Paving Improvement District No.
2006-908 for 39th Street from Pony Express Road west to the east lot line of
Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-31
awarding the bid to Blessing LLC in the amount of $1,977,660.96.
4. Open
Account Claims: NPPD - $53,713.83, Platte Valley State Bank - $40,408.38, Stan
Clouse - $141.49.
VII REPORTS
VIII ADJOURN
A current agenda is on file at
the Office of the City Clerk at City Hall, 18 East 22nd Street, Kearney,
Nebraska. For more information, call 233-3216 or visit our website at www.cityofkearney.org